Bill Text: FL S0824 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Procurement Practices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0824 Detail]
Download: Florida-2015-S0824-Introduced.html
Bill Title: Public Procurement Practices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0824 Detail]
Download: Florida-2015-S0824-Introduced.html
Florida Senate - 2015 SB 824 By Senator Evers 2-00511A-15 2015824__ 1 A bill to be entitled 2 An act relating to public-private partnerships; 3 transferring, renumbering, and amending s. 287.05712, 4 F.S.; revising definitions; deleting provisions 5 creating the Public-Private Partnership Guidelines 6 Task Force; requiring a private entity that submits an 7 unsolicited proposal to pay an initial application fee 8 and additional amounts if the fee does not cover 9 certain costs; specifying payment methods; authorizing 10 a responsible public entity to alter the statutory 11 timeframe for accepting proposals for a qualifying 12 project under certain circumstances; deleting a 13 provision that requires approval of the local 14 governing body before a school board enters into a 15 comprehensive agreement; revising the conditions 16 necessary for a responsible public entity to approve a 17 comprehensive agreement; deleting provisions relating 18 to notice to affected local jurisdictions; providing 19 that fees imposed by a private entity must be applied 20 as set forth in the comprehensive agreement; 21 restricting provisions in financing agreements that 22 could result in a responsible public entity’s losing 23 ownership of real or tangible personal property; 24 deleting a provision that required a responsible 25 public entity to comply with specific financial 26 obligations; providing duties of the Department of 27 Management Services; revising provisions relating to 28 construction of the act; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 287.05712, Florida Statutes, is 33 transferred, renumbered as section 255.065, Florida Statutes, 34 and amended to read: 35 255.065287.05712Public-private partnerships.— 36 (1) DEFINITIONS.—As used in this section, the term: 37 (a) “Affected local jurisdiction” means a county, 38 municipality, or special district in which all or a portion of a 39 qualifying project is located. 40 (b) “Develop” means to plan, design, finance, lease, 41 acquire, install, construct, or expand. 42 (c) “Fees” means charges imposed by the private entity of a 43 qualifying project for use of all or a portion of such 44 qualifying project pursuant to a comprehensive agreement. 45 (d) “Lease payment” means any form of payment, including a 46 land lease, by a public entity to the private entity of a 47 qualifying project for the use of the project. 48 (e) “Material default” means a nonperformance of its duties 49 by the private entity of a qualifying project which jeopardizes 50 adequate service to the public from the project. 51 (f) “Operate” means to finance, maintain, improve, equip, 52 modify, or repair. 53 (g) “Private entity” means any natural person, corporation, 54 general partnership, limited liability company, limited 55 partnership, joint venture, business trust, public benefit 56 corporation, nonprofit entity, or other private business entity. 57 (h) “Proposal” means a plan for a qualifying project with 58 detail beyond a conceptual level for which terms such as fixing 59 costs, payment schedules, financing, deliverables, and project 60 schedule are defined. 61 (i) “Qualifying project” means: 62 1. A facility or project that serves a public purpose, 63 including, but not limited to, any ferry or mass transit 64 facility, vehicle parking facility, airport or seaport facility, 65 rail facility or project, fuel supply facility, oil or gas 66 pipeline, medical or nursing care facility, recreational 67 facility, sporting or cultural facility, or educational facility 68 or other building or facility that is used or will be used by a 69 public educational institution, or any other public facility or 70 infrastructure that is used or will be used by the public at 71 large or in support of an accepted public purpose or activity; 72 2. An improvement, including equipment, of a building that 73 will be principally used by a public entity or the public at 74 large or that supports a service delivery system in the public 75 sector; 76 3. A water, wastewater, or surface water management 77 facility or other related infrastructure; or 78 4. Notwithstanding any provision of this section, for 79 projects that involve a facility owned or operated by the 80 governing board of a county, district, or municipal hospital or 81 health care system, or projects that involve a facility owned or 82 operated by a municipal electric utility, only those projects 83 that the governing board designates as qualifying projects 84 pursuant to this section. 85 (j) “Responsible public entity” means a county, 86 municipality, school district, special district, Florida College 87 System institution, or state universityboard, or any other 88 political subdivision of the state; a public body corporate and 89 politic; or a regional entity that serves a public purpose and 90 is authorized to develop or operate a qualifying project. 91 (k) “Revenues” means the income, earnings, user fees, lease 92 payments, or other service payments relating to the development 93 or operation of a qualifying project, including, but not limited 94 to, money received as grants or otherwise from the Federal 95 Government, a public entity, or an agency or instrumentality 96 thereof in aid of the qualifying project. 97 (l) “Service contract” means a contract between a 98 responsible public entity and the private entity which defines 99 the terms of the services to be provided with respect to a 100 qualifying project. 101 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 102 that there is a public need for the construction or upgrade of 103 facilities that are used predominantly for public purposes and 104 that it is in the public’s interest to provide for the 105 construction or upgrade of such facilities. 106 (a) The Legislature also finds that: 107 1. There is a public need for timely and cost-effective 108 acquisition, design, construction, improvement, renovation, 109 expansion, equipping, maintenance, operation, implementation, or 110 installation of projects serving a public purpose, including 111 educational facilities, transportation facilities, water or 112 wastewater management facilities and infrastructure, technology 113 infrastructure, roads, highways, bridges, and other public 114 infrastructure and government facilities within the state which 115 serve a public need and purpose, and that such public need may 116 not be wholly satisfied by existing procurement methods. 117 2. There are inadequate resources to develop new 118 educational facilities, transportation facilities, water or 119 wastewater management facilities and infrastructure, technology 120 infrastructure, roads, highways, bridges, and other public 121 infrastructure and government facilities for the benefit of 122 residents of this state, and that a public-private partnership 123 has demonstrated that it can meet the needs by improving the 124 schedule for delivery, lowering the cost, and providing other 125 benefits to the public. 126 3. There may be state and federal tax incentives that 127 promote partnerships between public and private entities to 128 develop and operate qualifying projects. 129 4. A procurement under this section serves the public 130 purpose of this section if such procurement facilitates the 131 timely development or operation of a qualifying project. 132 (b) It is the intent of the Legislature to encourage 133 investment in the state by private entities; to facilitate 134 various bond financing mechanisms, private capital, and other 135 funding sources for the development and operation of qualifying 136 projects, including expansion and acceleration of such financing 137 to meet the public need; and to provide the greatest possible 138 flexibility to public and private entities contracting for the 139 provision of public services. 140(3) PUBLIC-PRIVATE PARTNERSHIP GUIDELINES TASK FORCE.—141(a) There is created the Partnership for Public Facilities142and Infrastructure Act Guidelines Task Force for the purpose of143recommending guidelines for the Legislature to consider for144purposes of creating a uniform process for establishing public145private partnerships, including the types of factors responsible146public entities should review and consider when processing147requests for public-private partnership projects pursuant to148this section.149(b) The task force shall be composed of seven members, as150follows:1511. The Secretary of Management Services or his or her152designee, who shall serve as chair of the task force.1532. Six members appointed by the Governor, as follows:154a. One county government official.155b. One municipal government official.156c. One district school board member.157d. Three representatives of the business community.158(c) Task force members must be appointed by July 31, 2013.159By August 31, 2013, the task force shall meet to establish160procedures for the conduct of its business and to elect a vice161chair. The task force shall meet at the call of the chair. A162majority of the members of the task force constitutes a quorum,163and a quorum is necessary for the purpose of voting on any164action or recommendation of the task force. All meetings shall165be held in Tallahassee, unless otherwise decided by the task166force, and then no more than two such meetings may be held in167other locations for the purpose of taking public testimony.168Administrative and technical support shall be provided by the169department. Task force members shall serve without compensation170and are not entitled to reimbursement for per diem or travel171expenses.172(d) In reviewing public-private partnerships and developing173recommendations, the task force must consider:1741. Opportunities for competition through public notice and175the availability of representatives of the responsible public176entity to meet with private entities considering a proposal.1772. Reasonable criteria for choosing among competing178proposals.1793. Suggested timelines for selecting proposals and180negotiating an interim or comprehensive agreement.1814. If an accelerated selection and review and documentation182timelines should be considered for proposals involving a183qualifying project that the responsible public entity deems a184priority.1855. Procedures for financial review and analysis which, at a186minimum, include a cost-benefit analysis, an assessment of187opportunity cost, and consideration of the results of all188studies and analyses related to the proposed qualifying project.1896. The adequacy of the information released when seeking190competing proposals and providing for the enhancement of that191information, if deemed necessary, to encourage competition.1927. Current exemptions from public records and public193meetings requirements, if any changes to those exemptions are194necessary, or if any new exemptions should be created in order195to maintain the confidentiality of financial and proprietary196information received as part of an unsolicited proposal.1978. Recommendations regarding the authority of the198responsible public entity to engage the services of qualified199professionals, which may include a Florida-registered200professional or a certified public accountant, not otherwise201employed by the responsible public entity, to provide an202independent analysis regarding the specifics, advantages,203disadvantages, and long-term and short-term costs of a request204by a private entity for approval of a qualifying project, unless205the governing body of the public entity determines that such206analysis should be performed by employees of the public entity.207(e) The task force must submit a final report of its208recommendations to the Governor, the President of the Senate,209and the Speaker of the House of Representatives by July 1, 2014.210(f) The task force is terminated December 31, 2014. The211establishment of guidelines pursuant to this section or the212adoption of such guidelines by a responsible public entity is213not required for such entity to request or receive proposals for214a qualifying project or to enter into a comprehensive agreement215for a qualifying project. A responsible public entity may adopt216guidelines so long as such guidelines are not inconsistent with217this section.218 (3)(4)PROCUREMENT PROCEDURES.—A responsible public entity 219 may receive unsolicited proposals or may solicit proposals for 220 qualifying projects and may thereafter enter into a 221 comprehensiveanagreement with a private entity, or a 222 consortium of private entities, for the building, upgrading, 223 operating, ownership, or financing of facilities. 224 (a)1. The responsible public entity may establish a 225 reasonable application fee for the submission of an unsolicited 226 proposal under this section. 227 2. A private entity that submits an unsolicited proposal to 228 a responsible public entity must concurrently pay an initial 229 application fee, as determined by the responsible public entity. 230 Payment must be made by cash, cashier’s check, or other 231 noncancelable instrument. Personal checks may not be accepted. 232 3. If the initial application fee does not cover the 233 responsible public entity’s costs to evaluate the unsolicited 234 proposal, the responsible public entity must request in writing 235 the additional amounts required. The private entity must pay the 236 requested additional amounts within 30 days after receipt of the 237 notice. The responsible public entity may stop its review of the 238 unsolicited proposal if the private entity fails to pay the 239 additional fee. 240 4. If the responsible public entity does not evaluate the 241 unsolicited proposal, the responsible public entity must return 242 the application feeThe fee must be sufficient to pay the costs243of evaluating the proposal. The responsible public entity may244engage the services of a private consultant to assist in the245evaluation. 246 (b) The responsible public entity may request a proposal 247 from private entities for a qualifyingpublic-privateproject 248 or, if the responsible public entity receives an unsolicited 249 proposal for a qualifyingpublic-privateproject and the 250 responsible public entity intends to enter into a comprehensive 251 agreement for the project described in thesuchunsolicited 252 proposal, the responsible public entity shall publish notice in 253 the Florida Administrative Register and a newspaper of general 254 circulation at least once a week for 2 weeks stating that the 255 responsible public entity has received a proposal and will 256 accept other proposals for the same project. The timeframe 257 within which the responsible public entity may accept other 258 proposals shall be determined by the responsible public entity 259 on a project-by-project basis based upon the complexity of the 260 qualifying project and the public benefit to be gained by 261 allowing a longer or shorter period of time within which other 262 proposals may be received; however, the timeframe for allowing 263 other proposals must be at least 21 days, but no more than 120 264 days, after the initial date of publication. If approved by a 265 majority vote of the responsible public entity’s governing body, 266 the responsible public entity may alter the timeframe for 267 accepting proposals to more adequately suit the needs of the 268 qualifying project. A copy of the notice must be mailed to each 269 local government in the affected area. 270(c) A responsible public entity that is a school board may271enter into a comprehensive agreement only with the approval of272the local governing body.273 (c)(d)Before approving a comprehensive agreementapproval, 274 the responsible public entity must determine that the proposed 275 project: 276 1. Is in the public’s best interest. 277 2. Is for a facility that is owned by the responsible 278 public entity or for a facility for which ownership will be 279 conveyed to the responsible public entity. 280 3. Has adequate safeguards in place to ensure that 281 additional costs or service disruptions are not imposed on the 282 public in the event of material default or cancellation of the 283 comprehensive agreement by the responsible public entity. 284 4. Has adequate safeguards in place to ensure that the 285 responsible public entity or private entity has the opportunity 286 to add capacity to the proposed project or other facilities 287 serving similar predominantly public purposes. 288 5. Will be owned by the responsible public entity upon 289 completion, expiration, or termination of the comprehensive 290 agreement and upon payment of the amounts financed. 291 (d)(e)Before signing a comprehensive agreement, the 292 responsible public entity must consider a reasonable finance 293 plan that is consistent with subsection (9)(11); the qualifying 294 project cost; revenues by source; available financing; major 295 assumptions; internal rate of return on private investments, if 296 governmental funds are assumed in order to deliver a cost 297 feasible project; and a total cash-flow analysis beginning with 298 the implementation of the project and extending for the term of 299 the comprehensive agreement. 300 (e)(f)In considering an unsolicited proposal, the 301 responsible public entity may require from the private entity a 302 technical study prepared by a nationally recognized expert with 303 experience in preparing analysis for bond rating agencies. In 304 evaluating the technical study, the responsible public entity 305 may rely upon internal staff reports prepared by personnel 306 familiar with the operation of similar facilities or the advice 307 of external advisors or consultants who have relevant 308 experience. 309 (4)(5)PROJECT APPROVAL REQUIREMENTS.—An unsolicited 310 proposal from a private entity for approval of a qualifying 311 project must be accompanied by the following material and 312 information, unless waived by the responsible public entity: 313 (a) A description of the qualifying project, including the 314 conceptual design of the facilities or a conceptual plan for the 315 provision of services, and a schedule for the initiation and 316 completion of the qualifying project. 317 (b) A description of the method by which the private entity 318 proposes to secure the necessary property interests that are 319 required for the qualifying project. 320 (c) A description of the private entity’s general plans for 321 financing the qualifying project, including the sources of the 322 private entity’s funds and the identity of any dedicated revenue 323 source or proposed debt or equity investment on behalf of the 324 private entity. 325 (d) The name and address of a person who may be contacted 326 for additional information concerning the proposal. 327 (e) The proposed user fees, lease payments, or other 328 service payments over the term of a comprehensive agreement, and 329 the methodology for and circumstances that would allow changes 330 to the user fees, lease payments, and other service payments 331 over time. 332 (f) Additional material or information that the responsible 333 public entity reasonably requests. 334 335 Any pricing or financial terms included in an unsolicited 336 proposal must be specific as to when the pricing or terms 337 expire. 338 (5)(6)PROJECT QUALIFICATION AND PROCESS.— 339 (a) The private entity, or the applicable party or parties 340 of the private entity’s team, must meet the minimum standards 341 contained in the responsible public entity’s guidelines for 342 qualifying professional services and contracts for traditional 343 procurement projects. 344 (b) The responsible public entity must: 345 1. Ensure that provision is made for the private entity’s 346 performance and payment of subcontractors, including, but not 347 limited to, surety bonds, letters of credit, parent company 348 guarantees, and lender and equity partner guarantees. For the 349 components of the qualifying project which involve construction 350 performance and payment, bonds are required and are subject to 351 the recordation, notice, suit limitation, and other requirements 352 of s. 255.05. 353 2. Ensure the most efficient pricing of the security 354 package that provides for the performance and payment of 355 subcontractors. 356 3. Ensure thatprovision is made for the transfer of the357private entity’s obligations ifthe comprehensive agreement 358 addresses termination uponis terminated ora material default 359 of the comprehensive agreementoccurs. 360 (c) After the public notification period has expired in the 361 case of an unsolicited proposal, the responsible public entity 362 shall rank the proposals received in order of preference. In 363 ranking the proposals, the responsible public entity may 364 consider factors that include, but are not limited to, 365 professional qualifications, general business terms, innovative 366 design techniques or cost-reduction terms, and finance plans. 367 The responsible public entity may then begin negotiations for a 368 comprehensive agreement with the highest-ranked firm. If the 369 responsible public entity is not satisfied with the results of 370 the negotiations, the responsible public entity may terminate 371 negotiations with the proposer and negotiate with the second 372 ranked or subsequent-ranked firms, in the order consistent with 373 this procedure. If only one proposal is received, the 374 responsible public entity may negotiate in good faith, and if 375 the responsible public entity is not satisfied with the results 376 of the negotiations, the responsible public entity may terminate 377 negotiations with the proposer. Notwithstanding this paragraph, 378 the responsible public entity may reject all proposals at any 379 point in the process until a contract with the proposer is 380 executed. 381 (d) The responsible public entity shall perform an 382 independent analysis of the proposed public-private partnership 383 which demonstrates the cost-effectiveness and overall public 384 benefit before the procurement process is initiated or before 385 the contract is awarded. 386 (e) The responsible public entity may approve the 387 development or operation of an educational facility, a 388 transportation facility, a water or wastewater management 389 facility or related infrastructure, a technology infrastructure 390 or other public infrastructure, or a government facility needed 391 by the responsible public entity as a qualifying project, or the 392 design or equipping of a qualifying project that is developed or 393 operated, if: 394 1. There is a public need for or benefit derived from a 395 project of the type that the private entity proposes as the 396 qualifying project. 397 2. The estimated cost of the qualifying project is 398 reasonable in relation to similar facilities. 399 3. The private entity’s plans will result in the timely 400 acquisition, design, construction, improvement, renovation, 401 expansion, equipping, maintenance, or operation of the 402 qualifying project. 403 (f) The responsible public entity may charge a reasonable 404 fee to cover the costs of processing, reviewing, and evaluating 405 the request, including, but not limited to, reasonable attorney 406 fees and fees for financial and technical advisors or 407 consultants and for other necessary advisors or consultants. 408 (g) Upon approval of a qualifying project, the responsible 409 public entity shall establish a date for the commencement of 410 activities related to the qualifying project. The responsible 411 public entity may extend the commencement date. 412 (h) Approval of a qualifying project by the responsible 413 public entity is subject to entering into a comprehensive 414 agreement with the private entity. 415(7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.—416(a) The responsible public entity must notify each affected417local jurisdiction by furnishing a copy of the proposal to each418affected local jurisdiction when considering a proposal for a419qualifying project.420(b) Each affected local jurisdiction that is not a421responsible public entity for the respective qualifying project422may, within 60 days after receiving the notice, submit in423writing any comments to the responsible public entity and424indicate whether the facility is incompatible with the local425comprehensive plan, the local infrastructure development plan,426the capital improvements budget, any development of regional427impact processes or timelines, or other governmental spending428plan. The responsible public entity shall consider the comments429of the affected local jurisdiction before entering into a430comprehensive agreement with a private entity. If an affected431local jurisdiction fails to respond to the responsible public432entity within the time provided in this paragraph, the433nonresponse is deemed an acknowledgment by the affected local434jurisdiction that the qualifying project is compatible with the435local comprehensive plan, the local infrastructure development436plan, the capital improvements budget, or other governmental437spending plan.438 (6)(8)INTERIM AGREEMENT.—Before or in connection with the 439 negotiation of a comprehensive agreement, the responsible public 440 entity may enter into an interim agreement with the private 441 entity proposing the development or operation of the qualifying 442 project. An interim agreement does not obligate the responsible 443 public entity to enter into a comprehensive agreement. The 444 interim agreement is discretionary with the parties and is not 445 required on a qualifying project for which the parties may 446 proceed directly to a comprehensive agreement without the need 447 for an interim agreement. An interim agreement must be limited 448 to provisions that: 449 (a) Authorize the private entity to commence activities for 450 which it may be compensated related to the proposed qualifying 451 project, including, but not limited to, project planning and 452 development, design, environmental analysis and mitigation, 453 survey, other activities concerning any part of the proposed 454 qualifying project, and ascertaining the availability of 455 financing for the proposed facility or facilities. 456 (b) Establish the process and timing of the negotiation of 457 the comprehensive agreement. 458 (c) Contain such other provisions related to an aspect of 459 the development or operation of a qualifying project that the 460 responsible public entity and the private entity deem 461 appropriate. 462 (7)(9)COMPREHENSIVE AGREEMENT.— 463 (a) Before developing or operating the qualifying project, 464 the private entity must enter into a comprehensive agreement 465 with the responsible public entity. The comprehensive agreement 466 must provide for: 467 1. Delivery of performance and payment bonds, letters of 468 credit, or other security acceptable to the responsible public 469 entity in connection with the development or operation of the 470 qualifying project in the form and amount satisfactory to the 471 responsible public entity. For the components of the qualifying 472 project which involve construction, the form and amount of the 473 bonds must comply with s. 255.05. 474 2. Review of the design for the qualifying project by the 475 responsible public entity and, if the design conforms to 476 standards acceptable to the responsible public entity, the 477 approval of the responsible public entity. This subparagraph 478 does not require the private entity to complete the design of 479 the qualifying project before the execution of the comprehensive 480 agreement. 481 3. Inspection of the qualifying project by the responsible 482 public entity to ensure that the private entity’s activities are 483 acceptable to the responsible public entity in accordance with 484 the comprehensive agreement. 485 4. Maintenance of a policy of public liability insurance, a 486 copy of which must be filed with the responsible public entity 487 and accompanied by proofs of coverage, or self-insurance, each 488 in the form and amount satisfactory to the responsible public 489 entity and reasonably sufficient to ensure coverage of tort 490 liability to the public and employees and to enable the 491 continued operation of the qualifying project. 492 5. Monitoring by the responsible public entity of the 493 maintenance practices to be performed by the private entity to 494 ensure that the qualifying project is properly maintained. 495 6. Periodic filing by the private entity of the appropriate 496 financial statements that pertain to the qualifying project. 497 7. Procedures that govern the rights and responsibilities 498 of the responsible public entity and the private entity in the 499 course of the construction and operation of the qualifying 500 project and in the event of the termination of the comprehensive 501 agreement or a material default by the private entity. The 502 procedures must include conditions that govern the assumption of 503 the duties and responsibilities of the private entity by an 504 entity that funded, in whole or part, the qualifying project or 505 by the responsible public entity, and must provide for the 506 transfer or purchase of property or other interests of the 507 private entity by the responsible public entity. 508 8. Fees, lease payments, or service payments. In 509 negotiating user fees, the fees must be the same for persons 510 using the facility under like conditions and must not materially 511 discourage use of the qualifying project. The execution of the 512 comprehensive agreement or a subsequent amendment is conclusive 513 evidence that the fees, lease payments, or service payments 514 provided for in the comprehensive agreement comply with this 515 section. Fees or lease payments established in the comprehensive 516 agreement as a source of revenue may be in addition to, or in 517 lieu of, service payments. 518 9. Duties of the private entity, including the terms and 519 conditions that the responsible public entity determines serve 520 the public purpose of this section. 521 (b) The comprehensive agreement may include: 522 1. An agreement by the responsible public entity to make 523 grants or loans to the private entity from amounts received from 524 the federal, state, or local government or an agency or 525 instrumentality thereof. 526 2. A provision under which each entity agrees to provide 527 notice of default and cure rights for the benefit of the other 528 entity, including, but not limited to, a provision regarding 529 unavoidable delays. 530 3. A provision that terminates the authority and duties of 531 the private entity under this section and dedicates the 532 qualifying project to the responsible public entity or, if the 533 qualifying project was initially dedicated by an affected local 534 jurisdiction, to the affected local jurisdiction for public use. 535 (8)(10)FEES.—A comprehensiveAnagreement entered into 536 pursuant to this section may authorize the private entity to 537 impose fees to members of the public for the use of the 538 facility. The following provisions apply to the comprehensive 539 agreement: 540 (a) The responsible public entity may develop new 541 facilities or increase capacity in existing facilities through a 542 comprehensive agreement with a private entityagreements with543public-private partnerships. 544 (b) The comprehensivepublic-private partnershipagreement 545 must ensure that the facility is properly operated, maintained, 546 or improved in accordance with standards set forth in the 547 comprehensive agreement. 548 (c) The responsible public entity may lease existing fee 549 for-use facilities through a comprehensivepublic-private550partnershipagreement. 551 (d) Any revenues must be authorized by and applied in the 552 manner set forth inregulated by the responsible public entity553pursuant tothe comprehensive agreement. 554 (e) A negotiated portion of revenues from fee-generating 555 uses maymustbe returned to the responsible public entity over 556 the life of the comprehensive agreement. 557 (9)(11)FINANCING.— 558 (a) A private entity may enter into a private-source 559 financing agreement between financing sources and the private 560 entity. A financing agreement and any liens on the property or 561 facility must be paid in full at the applicable closing that 562 transfers ownership or operation of the facility to the 563 responsible public entity at the conclusion of the term of the 564 comprehensive agreement. 565 (b) The responsible public entity may lend funds to private 566 entities that construct projects containing facilities that are 567 approved under this section. 568 (c) The responsible public entity may use innovative 569 finance techniques associated with a public-private partnership 570 under this section, including, but not limited to, federal loans 571 as provided in Titles 23 and 49 C.F.R., commercial bank loans, 572 and hedges against inflation from commercial banks or other 573 private sources. In addition, the responsible public entity may 574 provide its own capital or operating budget to support a 575 qualifying project. The budget may be from any legally 576 permissible funding sources of the responsible public entity, 577 including the proceeds of debt issuances. A responsible public 578 entity may use the model financing agreement provided in s. 579 489.145(6) for its financing of a facility owned by a 580 responsible public entity. A financing agreement may not require 581 the responsible public entity to indemnify the financing source, 582 subject the responsible public entity’s facility to liens in 583 violation of s. 11.066(5), or secure financing ofbythe 584 responsible public entity by a mortgage on, or security interest 585 in, the real or tangible personal property of the responsible 586 public entity in a manner that could result in the loss of the 587 fee ownership of the property by the responsible public entity 588with a pledge of security interest, and any such provision is 589 void. 590(d) A responsible public entity shall appropriate on a591priority basis as required by the comprehensive agreement a592contractual payment obligation, annual or otherwise, from the593enterprise or other government fund from which the qualifying594projects will be funded. This required payment obligation must595be appropriated before other noncontractual obligations payable596from the same enterprise or other government fund.597 (10)(12)POWERS AND DUTIES OF THE PRIVATE ENTITY.— 598 (a) The private entity shall: 599 1. Develop or operate the qualifying project in a manner 600 that is acceptable to the responsible public entity in 601 accordance with the provisions of the comprehensive agreement. 602 2. Maintain, or provide by contract for the maintenance or 603 improvement of, the qualifying project if required by the 604 comprehensive agreement. 605 3. Cooperate with the responsible public entity in making 606 best efforts to establish interconnection between the qualifying 607 project and any other facility or infrastructure as requested by 608 the responsible public entity in accordance with the provisions 609 of the comprehensive agreement. 610 4. Comply with the comprehensive agreement and any lease or 611 service contract. 612 (b) Each private facility that is constructed pursuant to 613 this section must comply with the requirements of federal, 614 state, and local laws; state, regional, and local comprehensive 615 plans; the responsible public entity’s rules, procedures, and 616 standards for facilities; and such other conditions that the 617 responsible public entity determines to be in the public’s best 618 interest and that are included in the comprehensive agreement. 619 (c) The responsible public entity may provide services to 620 the private entity. An agreement for maintenance and other 621 services entered into pursuant to this section must provide for 622 full reimbursement for services rendered for qualifying 623 projects. 624 (d) A private entity of a qualifying project may provide 625 additional services for the qualifying project to the public or 626 to other private entities if the provision of additional 627 services does not impair the private entity’s ability to meet 628 its commitments to the responsible public entity pursuant to the 629 comprehensive agreement. 630 (11)(13)EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the 631 expiration or termination of a comprehensive agreement, the 632 responsible public entity may use revenues from the qualifying 633 project to pay current operation and maintenance costs of the 634 qualifying project. If the private entity materially defaults 635 under the comprehensive agreement, the compensation that is 636 otherwise due to the private entity is payable to satisfy all 637 financial obligations to investors and lenders on the qualifying 638 project in the same way that is provided in the comprehensive 639 agreement or any other agreement involving the qualifying 640 project, if the costs of operating and maintaining the 641 qualifying project are paid in the normal course. Revenues in 642 excess of the costs for operation and maintenance costs may be 643 paid to the investors and lenders to satisfy payment obligations 644 under their respective agreements. A responsible public entity 645 may terminate with cause and without prejudice a comprehensive 646 agreement and may exercise any other rights or remedies that may 647 be available to it in accordance with the provisions of the 648 comprehensive agreement. The full faith and credit of the 649 responsible public entity may not be pledged to secure the 650 financing of the private entity. The assumption of the 651 development or operation of the qualifying project does not 652 obligate the responsible public entity to pay any obligation of 653 the private entity from sources other than revenues from the 654 qualifying project unless stated otherwise in the comprehensive 655 agreement. 656 (12)(14)SOVEREIGN IMMUNITY.—This section does not waive 657 the sovereign immunity of a responsible public entity, an 658 affected local jurisdiction, or an officer or employee thereof 659 with respect to participation in, or approval of, any part of a 660 qualifying project or its operation, including, but not limited 661 to, interconnection of the qualifying project with any other 662 infrastructure or project. A county or municipality in which a 663 qualifying project is located possesses sovereign immunity with 664 respect to the project, including, but not limited to, its 665 design, construction, and operation. 666 (13) DEPARTMENT OF MANAGEMENT SERVICES.— 667 (a) A responsible public entity may provide a copy of its 668 comprehensive agreement to the Department of Management 669 Services. A responsible public entity must redact any 670 confidential or exempt information from the copy of the 671 comprehensive agreement before providing it to the Department of 672 Management Services. 673 (b) The Department of Management Services may accept and 674 maintain copies of comprehensive agreements received from 675 responsible public entities for the purpose of sharing 676 comprehensive agreements with other responsible public entities. 677 (c) This subsection does not require a responsible public 678 entity to provide a copy of its comprehensive agreement to the 679 Department of Management Services. 680 (14)(15)CONSTRUCTION.— 681 (a) This section shall be liberally construed to effectuate 682 the purposes of this section. 683 (b) This section shall be construed as cumulative and 684 supplemental to any other authority or power vested in or 685 exercised by the governing bodyboardof a county, municipality, 686 special district, or municipal hospital or health care system 687 including those contained in acts of the Legislature 688establishing such public hospital boards or s. 155.40. 689 (c) This section does not affect any agreement or existing 690 relationship with a supporting organization involving such 691 governing bodyboardor system in effect as of January 1, 2013. 692 (d)(a)This section provides an alternative method and does 693 not limit a county, municipality, special district, or other 694 political subdivision of the state in the procurement or 695 operation of a qualifying projectacquisition, design, or696construction of a public projectpursuant to other statutory or 697 constitutional authority. 698 (e)(b)Except as otherwise provided in this section, this 699 section does not amend existing laws by granting additional 700 powers to, or further restricting, a local governmental entity 701 from regulating and entering into cooperative arrangements with 702 the private sector for the planning, construction, or operation 703 of a facility. 704 (f)(c)This section does not waive any requirement of s. 705 287.055. 706 Section 2. This act shall take effect July 1, 2015.